Boynton08 Chapter 8
ECONOMIC DEVELOPMENT
Sec. 8-1 Economic Development Generally.
Sec. 8-2 Economic Development in Planned
Industrial Development District.
Sec. 8-1 Economic Development Generally.
A. Findings.
1. The recitals set forth above are hereby adopted and incorporated by reference herein to the same extent as if set forth here in full.
2. The City Commission does hereby find that it is necessary and appropriate and in the public interest that certain incentives in the form of fee reductions or waivers be provided
for new businesses locating within the Community Redevelopment Area in order to promote economic growth, to expand the ad valorem tax base, to increase job opportunities for all citizens
of the City, and to improve the economic condition of the City and its residents and citizens.
3. The City Commission does hereby find that the creation and use of such incentives and their application to certain business in the Community Redevelopment Area is in the public
interest and furthers a public purpose.
4. The City Commission does hereby find that the economic incentives contemplated by this section are consistent with the goals, objectives and principles of the Community Redevelopment
Plan for the Community Redevelopment Area, as adopted by Ordinance 90-21 enacted on August 7, 1990, and as expanded by Ordinance No. 00-59 (the “Community Redevelopment Plan”), and such
incentives further the purposes of the Community Redevelopment Plan, and are intended to promote and encourage private enterprise within the Community Redevelopment Area as contemplated
and provided by Part III, Chapter 163, Florida Statutes.
B. Eligible Business. The City Commission does hereby determine that the economic development incentives created and established by this chapter shall be granted to:
1. A business now located in the Community Redevelopment Area which is improving or enlarging its place of business within the Community Redevelopment Area or,
2. A business locating a new place of business within the Community Redevelopment Area.
Any business satisfying the conditions of this division is hereinafter referred to as an “Eligible Business,” which may, in its discretion, file an application with the City as provided
below requesting one or more of the economic incentives established by this section subject to the review, discretion and approval of the City Commission. Nothing in this section is
intended or should be construed or applied as creating or granting any vested right in any Eligible Business to be entitled to any or all of the economic incentives established by this
section not that there is any obligation or duty on the part of the City or the City Commission to consider, approve, grant or provide any or all of the economic incentives established
by this section to any person, including an Eligible Business.
C. Waiver of Impact Fees. Upon an application from an Eligible Business and recommendation of the City Manager as provided in Division E. below, the City Commission may, in its discretion
and subject to such conditions as it may establish, waive or defer the payment of impact fees by the Eligible Business and the City shall pay from legally available funds the amount
of such impact fees by whatever name known that would have otherwise been paid by the Eligible Business in the absence of such approval by the City Commission and cause that payment
to be deposited in the fund or account in which the impact fees are customarily deposited. For purposes of this division,
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“impact fees” means a land development regulatory fee charged to new development which creates a need for capital improvements.
D. Waiver of Building Permit Fees. Upon an application from an Eligible Business and recommendation of the City Manager as provided in division E. below, the City Commission may, in
its discretion and subject to such conditions as it may establish, waive or defer the payment of building permit fees for the construction or improvements being done by the Eligible
Business in the Community Redevelopment Area and the City shall pay from legally available funds the amount of such building permit fees and causes such funds to be placed in the fund
or account in which City building permit fees are customarily deposited. For purposes of this division, “building permit fees” means those fees charged by the City for reviewing
and inspecting structural, mechanical, plumbing, gas and electrical construction in the City.
E. Water and Sewer Facilities Construction and Installation. Upon an application from an Eligible Business and recommendation of the City Manager as provided in division E. below,
the City Commission may, in its discretion and subject to such conditions as it may establish, authorize and provide for the payment by the City of the cost to construct and install
improvements to the City's water or sewer system, or both, which are not located on property owned by the Eligible Business, but which are necessary or required in order for the Eligible
Business to locate in the Redevelopment Area. For purposes of this division, “improvements to the City's water and sewer system” means improvements not located on property owned by the
Eligible Business such as lift stations, water lines, sewer lines, or oversized lines, but does not include any connections or any improvements located on property owned by the Eligible
Business.
F. Procedure for Economic Incentive Applications. The City Manager shall establish appropriate forms and procedures for the filing of an application by an Eligible Business for any
of the economic development incentives established by divisions C., D., and E. of this chapter. Upon receipt of an application the City Manager shall review the
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application and determine (1) the applicant is in fact an Eligible Business, (2) the economic development incentives established by this chapter are necessary and appropriate to encourage
the Eligible Business to locate in the Redevelopment Area or to improve or enlarge an existing location within the Redevelopment Area, (3) the amount of funds necessary to pay for such
economic development incentive being requested, and (4) sufficient funds are available to the City to pay such costs. Upon making such a determination, the City Manager shall notify
the City Commission of the application and recommend to the City Commission whether the application should be approved, approved with conditions, or denied. The City Commission shall
consider the application and the City Manager's recommendation at its next regular or special meeting following receipt of the City Manager's recommendation. At that time the City
Commission may, in its discretion, accept the City Manager's recommendation or take such other action as the Commission deems to be necessary and appropriate, including establishing
conditions to the approval of the economic development incentives that were not recommended by the City Manager, but the City Commission may not enlarge or increase the amount or extent
of the economic development incentive beyond that requested by the Eligible Business in its application filed with the City Manager.
G. Implementing Actions Authorized. The appropriate City officials are hereby authorized and directed to take such actions as are necessary to implement the provisions of this section.
H. Reports to the City Commission. The City Manager is hereby directed to periodically from time to time report to the City Commission as to the use of the economic development incentives
established by this section, including information as to the number of new or enlarged or improved business facilities in the Redevelopment Area subject to such incentives, the number
requesting such incentives, the dollar value of the incentives to the businesses requesting them, and the number of jobs created as a result of such facilities being located within the
Redevelopment Area and the amount of increase in the City's ad valorem tax base or other increases in City revenues. The City Manager may at any time make recommendations to
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the City Commission regarding the modification of economic development incentives or curtailing or eliminating them based upon the experience of the City with such incentives and their
effectiveness.
(Ord. No. 96-46, §§ 1-8, 11-11-96; Ord. No. 01-31, §§ 1-5, 7-3-01)
Sec 8-2. Economic Development in Planned
Industrial Development District.
A. Findings.
1. The recitals set forth above are hereby adopted and incorporated by reference herein to the same extent as if set forth here in full.
2. The City Commission does hereby find that it is necessary and appropriate that certain incentives in the form of fee reduction or waivers be provided for new businesses
locating within certain parts of the City zoned Planned Industrial Development (PID) in order to promote economic growth, to expand the ad valorem tax base, to increase job opportunities
for all citizens of the City, and to improve the economic condition of the City and its residents and citizens.
3. The City Commission does hereby find that the creation of such incentives and their application to certain businesses is in the public interest and furthers a public purpose.
B. Eligible Businesses. The City Commission does hereby determine that the economic development incentives contemplated by this section shall only be granted to new businesses or expanding
existing businesses as hereinafter defined:
1. Business - Any activity engaged in by any person, partnership, corporation or firm with the object of private or public gain, benefit, or advantage, either direct or indirect. A
business is further and more specifically defined as follows:
a. New Business -
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(1) A business establishing fifty (50) or more jobs to employ fifty (50) or more full-time employees in this City, which manufactures, processes, compounds, fabricates, or produces
for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant;
(2) An office space in this City owned and used by a corporation newly domiciled in this City; provided such office space houses fifty (50) or more full-time employees of such corporation.
Provided that such businesses or office referred to in subsections (1) or (2) above, first begins operation on a site clearly separate from any other commercial or industrial operation
owned by the same business.
b. Expansion of an Existing Business-
(1) A business establishing fifty (50) or more jobs to employ fifty (50) or more full-time employees in the City, which manufactures, processes, compounds, fabricates, or produces
for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plat.
Provided that such business increases operations on a site co-located with a commercial or industrial operation owned by the same business, resulting in a net increase in employment
of not less than twenty-five (25%) percent.
c. Eligible Business -
(1) A business that meets the criteria set forth herein for a new business or an expansion of an existing business, and
(2) Moves to or expands its operations to a location within a Planned Industrial District within the City of Boynton Beach, and
(3) Maintains its business operation at the levels referenced herein for a period of three (3) years after opening for business, and
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(4) The wages paid to its full-time non-management employees must be on average a minimum of $12.74 per hour. Wages shall be defined as the total of the hourly wage, plus the cost
of all fringe benefits paid on behalf of the employees.
C. Payment of City Impact Fees. Upon application of any Eligible Business submitted prior to the issuance of a building permit for construction of the Eligible Business' facility within
the City and upon a determination that the Eligible Business satisfies the requirements of this section, the City Commission may, by ordinance and at its sole discretion, cause the City
to pay from legally available funds all, or a portion of City impact fees by whatever name known that would have otherwise been paid by the Eligible Business for water and sewer service
provided by the City. The City Commission may also decide to defer the payment of any impact fees by the Eligible Business. For the purpose of this division, “City impact fees” means
a land development regulatory fee charged to a new development which creates a need for capital improvements.
D. Payment or Deferral of Building Permit Fees. Upon application of any eligible business, submitted prior to the issuance of a building permit, and upon a determination that the eligible
business satisfies the requirements of this section, the City Commission may, as set forth in a Resolution:
1. Authorize payment on behalf of the eligible business all or part of building permit fees required by City Code; or
2. Defer payment of building permit fees for a time certain to be set forth in the body of the Resolution.
For the purpose of this section, “Building Permit Fees” means those fees charged by the City for structural, mechanical, plumbing, gas, and electrical review and inspection.
E. Fees Due if Facility Not Maintained. Notwithstanding the payment or deferral of City impact fees contemplated by division C. or the waiver
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or deferral of building permit fees contemplated by division D., the Eligible Business shall remain liable for and obligated to pay such fees if the Eligible Business fails to maintain
the corporate headquarters or manufacturing an industrial facility in the City or fails to employ at least fifty (50) individuals at that facility for a period of three (3) years following
the issuance of the certificate of occupancy for the facility.
F. Implementing Actions Authorized. The appropriate City officials are hereby authorized and directed to take such actions as are necessary to implement the provisions of this section,
including the City Attorney who is authorized to prepare such other resolutions or such ordinances as may be necessary to provide for the payment or waiver contemplated by this section.
G. Reports to the City Commission. The City Manager is hereby directed to periodically from time to time report to the City Commission as to the use of the economic development incentives
contemplated by this section, including information as to the number of new business facilities in the City subject to such incentives, the number requesting such incentives, the dollar
value of the incentives to the businesses requesting them, and the number of jobs created as a result of such facilities being located within the City and the amount of increase
in the City's ad valorem tax base. The City Manager may at any time make recommendations to the City Commission regarding the enlargement of economic development incentives or curtailing
or eliminating them based upon the expertise of the City with such incentives and their effectiveness.
H. Non-vesting of Right. The power of the City Commission to grant the economic development incentives provided herein is a discretionary and legislative function of the City Commission.
Neither the adoption of this section nor any subsequent act by the City Commission or the City Administration shall vest any person or entity with any right to the waiver of all or part
of any fee as referenced herein.
I. Appropriation of Funds. The City Commission prior to granting an economic incentive
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as provided herein shall either appropriate funds for the payment of such incentive, designate a specific funding source previously appropriated through the budget process, or waive
such fees.
(Ord. No. 96-47, §§ 1-9, 11-6-96; Ord. No. 01-32, §§ 2-4, 6-19-01)
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